Building a Fence Around One's Roof

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Obligation

  1. There is a positive Torah command to build a fence on the roof of a house that’s used for living,[1] however, a building used for storage or animals doesn’t require a fence on the roof. [2]

Which Roofs?

  1. Any flat roof requires a maakeh (a three-foot wall to keep people from falling off), even if people only walk on the roof occasionally. [3]
  2. Shuls and Batei Midrash are exempt from putting a fence on the roof since these buildings aren’t meant for living. [4]
  3. The fence on the roof must be ten Tefachim (86 centimeters) and strong enough so it would prevent someone from falling. [5]
  4. Some say that there’s no obligation for a slanted roof. [6]

Other Things

  1. If one has a pit in one's property one must erect a fence of ten Tefachim around it or cover it up so that someone doesn't fall in.[7]

Beracha

  1. The beracha of asher kidshanu bimitzvotav vitzivanu laasot maakeh is recited when building the fence. [8]

Sources

  1. ↑ Based on the pasuk Devarim 22:8 כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ, Sefer Hachinnuch 546, Rambam Sefer Hamitzvot Aseh 184, Sefer HaMitzvot Hatatzar of the Chofetz Chaim 77
  2. ↑ S”A C”M 427:1, Kitzur S"A 190:1
  3. ↑ Sh"t Rivivot Ephraim 1:35
  4. ↑ S”A C”M 427:3 based on gemara chullin 136a
  5. ↑ S”A C”M 427:5, Kitzur S"A 190:1
  6. ↑ See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669)
  7. ↑ Kitzur S"A 190:1
  8. ↑ Rambam Berachot 11:8
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